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The tax deductibility of interest on money borrowed to pay penalties imposed by the Competition Tribunal in terms of the Competition Act, 89 of 1998
Section 59(1) of the Competition Act, 89 of 1998 authorises the Competition Tribunal to impose administrative penalties on firms who have committed prohibited forms of anti-competitive conduct, for example a penalty of R45 million was imposed on South African Airways (Pty) Ltd for abuse of dominance...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2014
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| _version_ | 1867613168193241088 |
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| access_status_str | Open Access |
| author | Emslie, Clare |
| author2 | Davis, Dennis |
| author_browse | Davis, Dennis Emslie, Clare |
| author_facet | Davis, Dennis Emslie, Clare |
| author_sort | Emslie, Clare |
| collection | Thesis |
| description | Section 59(1) of the Competition Act, 89 of 1998 authorises the Competition Tribunal to impose administrative penalties on firms who have committed prohibited forms of anti-competitive conduct, for example a penalty of R45 million was imposed on South African Airways (Pty) Ltd for abuse of dominance and a penalty of R98 784 869.90 was imposed on Tiger Consumer Brands (Pty) Ltd for price fixing. This paper will consider whether the interest expenditure incurred by a company, which raises a loan in order to pay such a penalty, would be deductible in terms of the general case law on the deductibility of interest or in terms of section 24J(2) of the Income Tax Act, 58 of 1962 ('the Act') |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4605 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:50.330Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4605 The tax deductibility of interest on money borrowed to pay penalties imposed by the Competition Tribunal in terms of the Competition Act, 89 of 1998 Emslie, Clare Davis, Dennis Gutuza, Tracy Section 59(1) of the Competition Act, 89 of 1998 authorises the Competition Tribunal to impose administrative penalties on firms who have committed prohibited forms of anti-competitive conduct, for example a penalty of R45 million was imposed on South African Airways (Pty) Ltd for abuse of dominance and a penalty of R98 784 869.90 was imposed on Tiger Consumer Brands (Pty) Ltd for price fixing. This paper will consider whether the interest expenditure incurred by a company, which raises a loan in order to pay such a penalty, would be deductible in terms of the general case law on the deductibility of interest or in terms of section 24J(2) of the Income Tax Act, 58 of 1962 ('the Act') 2014-07-30T18:12:48Z 2014-07-30T18:12:48Z 2009 Master Thesis Masters LLM http://hdl.handle.net/11427/4605 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Emslie, Clare The tax deductibility of interest on money borrowed to pay penalties imposed by the Competition Tribunal in terms of the Competition Act, 89 of 1998 |
| thesis_degree_str | Master's |
| title | The tax deductibility of interest on money borrowed to pay penalties imposed by the Competition Tribunal in terms of the Competition Act, 89 of 1998 |
| title_full | The tax deductibility of interest on money borrowed to pay penalties imposed by the Competition Tribunal in terms of the Competition Act, 89 of 1998 |
| title_fullStr | The tax deductibility of interest on money borrowed to pay penalties imposed by the Competition Tribunal in terms of the Competition Act, 89 of 1998 |
| title_full_unstemmed | The tax deductibility of interest on money borrowed to pay penalties imposed by the Competition Tribunal in terms of the Competition Act, 89 of 1998 |
| title_short | The tax deductibility of interest on money borrowed to pay penalties imposed by the Competition Tribunal in terms of the Competition Act, 89 of 1998 |
| title_sort | tax deductibility of interest on money borrowed to pay penalties imposed by the competition tribunal in terms of the competition act 89 of 1998 |
| url | http://hdl.handle.net/11427/4605 |
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